Al-Qadhi v Minister for Immigration and Border Protection [2017] FCA 1300

FEDERAL COURT OF AUSTRALIA

Al-Qadhi v Minister for Immigration and Border Protection [2017] FCA 1300 File number: WAD 527 of 2017

Judge: MCKERRACHER J

Date of judgment: 9 November 2017

Catchwords: PRACTICE AND PROCEDURE – application for an urgent injunction to restrain the Minister from making an adverse decision in regards to the applicant's application for Australian citizenship – where first respondent seized documents pursuant to s 45B(1) of the Australian Citizenship Act 2007 (Cth) on the basis of a reasonable suspicion that the documents were 'bogus documents' as defined by s 5(1) of the Migration Act 1958 (Cth) – whether applicant will suffer severe and irreparable consequences if the Minister was to make a decision adverse to his citizenship application – where there is no evidence of any specific immediate consequence or actual loss to be sustained as a consequence of an adverse decision – where applicant will not lose any right of substantive merits review in respect of any adverse citizenship decision – relevant principles for granting interlocutory relief

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 13, 16(1)(d) Australian Citizenship Act 2007 (Cth) ss 16, 21, 21(2)(h), 24, 24(3), 45A(2), 45B(1), 45(2)(b), 45C(1)(c), 45C(1)(d), 48B Federal Court of Australia Act 1976 (Cth) s 21 Migration Act 1958 (Cth) ss5(1), 195A, 501(6)(c)(ii)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Durani v Minister for Immigration and Border Protection (2013) 223 FCR 391 Harbour Radio Pty Limited v Australian Communications and Media Authority [2012] FCA 439 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180 Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22